IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120009646
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his Reentry (RE) Code be changed from a 4 to a code that will allow him to reenter the armed forces.
2. The applicant states he agreed to being discharged with the understanding that he could return after 6 months of probation and completion of certain requirements. However, he has since discovered that an RE Code of 4 prevents him from reentering any military service and contends that the severity of the actions taken against him was unjust.
3. The applicant provides a two-page handwritten letter explaining his application and three third-party letters.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 27 August 2008 for a period of 3 years, training as a Patriot Missile Operator/Maintainer, and a $20,000 enlistment bonus. He completed his basic training at Fort Sill, Oklahoma and was transferred to Fort Bliss, Texas to undergo his advanced individual training.
2. On 11 February 2009, nonjudicial punishment was imposed against him for the wrongful use of marijuana.
3. On 23 February 2009, the applicants commander notified him that he was initiating action to discharge the applicant from the service under the provisions under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct due to the use of illegal drugs. He also advised the applicant of the consequences of receiving a less than an honorable discharge.
4. After consulting with defense counsel, the applicant waived all of his rights and elected not to submit a statement in his own behalf.
5. The appropriate authority approved the recommendation for discharge and directed that he be discharged under honorable conditions.
6. Accordingly, he was discharged under honorable conditions on 4 March 2009 under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for misconduct (Drug Abuse). He had served 6 months and 8 days of active service and was still in a trainee status. He was issued a separation program designator (SPD) code of JKK and an RE Code of 4.
7. The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 4 August 2010 and on 27 April 2011, the ADRB determined that his discharge was both proper and equitable under the circumstances and voted unanimously to deny his request.
8. A review of the applicants separation proceedings failed to show any evidence or indication that the applicant was led to believe that he would be eligible to reenter the military services within 6 months or any period thereafter.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and procedures for separating personnel for misconduct. Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense, which includes drug offenses. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
10. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
11. RE-4 indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a non-waivable disqualification. The RE Code/SPD Code Cross Reference Table directs that an RE Code of 4 be given when the SPD code is JKK, which indicates separation for misconduct.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
2. He was issued an SPD code of JKK, which is consistent with the regulation governing discharge under the provisions of Army Regulation 635-200, paragraph 14-12c(2) and an RE Code of 4, which is given when the SPD code is JKK, which is consistent with the regulations in effect at the time of his discharge and is a non-waivable disqualification.
3. Accordingly, there is no error or injustice in his case regarding his RE Code and therefore no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X ______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120009646
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120009646
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080015836
The applicant states, in effect, that he was told by his squadron commander that he would have an RE code that would allow him to reenter the military after 4 years. The SPD code of JKK was the appropriate code for the applicant based on the guidance provided in this regulation for Soldiers separating under the provisions of paragraph 14-12c(2), Army Regulation 635-200, by reason of misconduct - drug abuse. Evidence of record shows that the applicant was separated from the service for...
ARMY | BCMR | CY2011 | 20110016441
It states that the SPD code JKK is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2) by reason of misconduct (drug abuse). Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. In the absence of evidence to the contrary, it must be presumed that the applicant was properly separated...
ARMY | BCMR | CY2010 | 20100027060
It states, in pertinent part, that the SPD code JKK is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct. As such, evidence shows he was properly discharged and his separation code was administratively correct and in conformance with applicable regulations at the time of his separation. There is no evidence in the available record and the applicant provided no evidence that shows irregularity...
ARMY | BCMR | CY2009 | 20090006618
The applicant requests, in effect, that his reentry eligibility (RE) code of RE-4 be changed to an RE code of RE-3. The applicant states, in effect, he is requesting that his RE code of RE-4 be upgraded to an RE code of RE-3 in order to allow him to reenter the military. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.
ARMY | BCMR | CY2012 | 20120004348
He further stated he was recommending the applicant be given a general discharge, under honorable conditions. The evidence of record shows the applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct (drug abuse), with an SPD of JKK, RE code of 4, and a general discharge. It appears the separation authority took the applicant's complete military record into consideration when he directed the applicant received a general discharge...
ARMY | BCMR | CY2009 | 20090011054
On 3 August 2006, a mental status evaluation was conducted on the applicant who was being considered for discharge under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 14, because of misconduct. The DD Form 214 also shows that his character of service was general, under honorable conditions; the separation authority was Army Regulation 635-200, paragraph 14-12c (2); the separation code was "JKK"; his RE code was...
ARMY | BCMR | CY2010 | 20100023575
It states, in pertinent part, that the SPD code JKK is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct (drug abuse). His record shows he accepted nonjudicial punishment for wrongfully using cocaine and his reason for separation was misconduct (drug abuse). As such, evidence shows he was properly discharged and his separation code was administratively correct and in conformance with applicable...
ARMY | BCMR | CY2009 | 20090001433
On 7 March 2008, the separation authority approved the applicants discharge under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct abuse of illegal drugs and directed the applicant be furnished a general discharge. A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. The "JKK" SPD code is the correct code for Soldiers separating under chapter 14-12c of Army Regulation 635-200 by reason of...
ARMY | BCMR | CY2012 | 20120020184
On 13 January 2010, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 14-12c for misconduct - abuse of illegal drugs. Accordingly, the ADRB voted to grant him relief in the form of upgrading his discharge to a fully honorable discharge and changing the narrative reason for separation to Secretarial Authority...
ARMY | BCMR | CY2011 | 20110006227
c. Army Regulation 635-5-1 provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. d. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. There is no evidence of record and the applicant did not provide any evidence as a basis to warrant a change to his...